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Succession law [2026] KEHC 12917 (KLR)

Bernard v Mbithi (Family Appeal E008 of 2025)

Bernard v Mbithi (Family Appeal E008 of 2025) [2026] KEHC 12917 (KLR) (19 August 2026) (Judgment)

Court
High Court
Case number
Family Appeal E008 of 2025
Judge
["FN Kyambia"]

The appeal failed because the appellant herself put distribution in issue, the evidence supported the finding that the deceased had settled the two houses in separate properties at Lukenya-Mavoko and Masii-Vyulya, and the trial court was entitled to adopt those factual circumstances in determining equitable distribution. The challenge to pecuniary jurisdiction was rejected because it was not raised in the lower court. The sale of Mavoko Town Block 3/2779 was upheld as family-authorized and used to facilitate subdivision of the estate.

Source excerpt

  • Intestate succession
  • Polygamous estate distribution
  • Rectification of grant
  • Confirmation of grant
  • Intermeddling with estate property
  • Sale of estate property
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Civil procedure [2026] KEHC 12758 (KLR)

Mwithiga v Njiru

Mwithiga v Njiru (Civil Appeal E1182 of 2024) [2026] KEHC 12758 (KLR) (Civ) (5 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E1182 of 2024
Judge
["WA Okwany"]

The appeal failed because the appellant did not adduce evidence to rebut the respondent’s case, the allegations of contributory negligence, verbal waiver and insurance-based defences were unproved and largely irrelevant to the negligence claim, the respondent sufficiently proved insurance and indemnity for purposes of subrogation, and section 34 of the Small Claims Court Act is directory so judgment delivered outside sixty days did not nullify the proceedings or deprive the court of jurisdiction.

Source excerpt

  • Liability for road traffic accident
  • Contributory negligence
  • Subrogation
  • Insurance contract proof
  • Doctrine of uberrimae fidei
  • Amendment of memorandum of appeal
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Civil procedure [2026] KECA 1597 (KLR)

Mwololo (Suing as legal representative of the Estate of Willy Mwololo Muindi) v Mutende

Mwololo (Suing as legal representative of the Estate of Willy Mwololo Muindi) v Mutende (Civil Application E049 of 2026) [2026] KECA 1597 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E049 of 2026
Judge
["W Karanja"]

The application was incompetent because the applicant had not been substituted as the legal representative of the deceased party and therefore lacked locus standi. As a result, the Court had no jurisdiction to entertain the application, and it declined to consider the merits of the delay. The Court also noted that the intended appeal had abated upon the death of the original appellant before any substitution or reinstatement steps were taken.

Source excerpt

  • Extension of time
  • Locus standi
  • Substitution of deceased party
  • Abatement of suit
  • Adverse possession
  • Stay of execution
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Civil procedure [2026] KECA 1632 (KLR)

Sirma v Mutai & 3 others

Sirma v Mutai & 3 others (Civil Appeal (Application) E016 of 2025) [2026] KECA 1632 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Appeal (Application) E016 of 2025
Judge
["PM Gachoka", "MN Nduma", "L Ndolo"]

The application failed because the High Court ruling being challenged was a negative order dismissing the applicant’s earlier application with costs, and therefore there was nothing capable of being stayed; the Court declined to consider the twin limbs under rule 5(2)(b).

Source excerpt

  • Stay of execution
  • Rule 5(2)(b) twin principles
  • Negative orders not capable of stay
  • Substantial loss
  • Arguable appeal
  • Nugatory aspect
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Insurance law [2026] KECA 1614 (KLR)

Lukiri t/a Triluk Drilling Ltd v Jubilee Insurance Ltd

Lukiri t/a Triluk Drilling Ltd v Jubilee Insurance Ltd (Civil Appeal 166 of 2020) [2026] KECA 1614 (KLR) (31 July 2026) (Judgment)

Court
Court of Appeal
Case number
Civil Appeal 166 of 2020
Judge
["DK Musinga", "P Lilan", "JO Okello"]

The appeal failed because the trial court correctly found that the appellant did not prove, on a balance of probabilities, that the drilling machine was destroyed by an insured fire peril rather than by mechanical breakdown. The Court of Appeal held that the trial judge properly considered the whole evidentiary record, including the absence of eyewitness testimony, gaps in proof that the drilling operation was actually ongoing, and the rival expert reports, and was entitled to reject the claim.

Source excerpt

  • Repudiation of insurance claim
  • Exclusion clause
  • Burden of proof
  • Expert evidence
  • First appeal review standard
  • Adverse inference from failure to call witnesses
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Civil procedure [2026] KEHC 11764 (KLR)

Mwangangi v Musyok

Mwangangi v Musyok (Civil Appeal E214 of 2024) [2026] KEHC 11764 (KLR) (28 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E214 of 2024
Judge
["AM Hassan"]

The appellant failed to show that the trial court acted on a wrong principle, ignored relevant evidence, considered irrelevant matters, or made an award so inordinately high as to amount to an erroneous estimate. The trial magistrate properly evaluated the medical evidence, the injuries, and the cited authorities, and the appellate court therefore had no basis to interfere with the award of general damages.

Source excerpt

  • Quantum of damages
  • Interference with trial court discretion
  • Personal injury assessment
  • Liability and damages in road traffic claims
  • Comparable awards
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Civil procedure [2026] KEHC 12004 (KLR)

Shisoka (Suing as the Administrator of the Estate of Brian Mukabana Otenyo (Deceased)) v Mahero

Shisoka (Suing as the Administrator of the Estate of Brian Mukabana Otenyo (Deceased)) v Mahero (Civil Appeal E024 of 2025) [2026] KEHC 12004 (KLR) (28 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E024 of 2025
Judge
["S Mbungi"]

The appeal failed because the appellant did not prove negligence on a balance of probabilities. PW3’s testimony was materially inconsistent on the deceased’s role and the mechanics of the collision, while the motor vehicle inspection report supported the respondent’s consistent version that the motorcycle struck the rear of his vehicle. Since the appellant failed to discharge the burden of proof, there was no basis to disturb the trial court’s dismissal of the suit.

Source excerpt

  • Negligence
  • Burden of proof
  • Credibility of witnesses
  • First appellate review
  • Rear-end collision presumption
  • Motor vehicle inspection evidence
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Civil procedure [2026] KEHC 11419 (KLR)

King’inya & Sons Distributors Company Ltd v Droppers Distributors Ltd

King’inya & Sons Distributors Company Ltd v Droppers Distributors Ltd (Civil Appeal E200 of 2024) [2026] KEHC 11419 (KLR) (24 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E200 of 2024
Judge
["RA Oganyo"]

The trial court wrongly treated the application as an attempt to introduce an unpleaded sum and to vary a consent judgment, when in fact the complaint was that a KShs. 30,000 payment had been deducted twice in the computation of the admitted debt. That was an apparent computational error falling within the Small Claims Court’s statutory review jurisdiction under section 41 and rule 29; therefore, the court was not functus officio and should have reviewed the judgment to reflect KShs. 110,000.

Source excerpt

  • Review jurisdiction
  • Consent judgment
  • Error apparent on the face of the record
  • Functus officio
  • Computational/arithmetic error
  • Breach of contract
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Criminal law [2026] KECA 1670 (KLR)

Makemba v Republic

Makemba v Republic (Criminal Appeal E020 of 2024) [2026] KECA 1670 (KLR) (24 July 2026) (Judgment)

Court
Court of Appeal
Case number
Criminal Appeal E020 of 2024
Judge
["AK Murgor", "KI Laibuta", "GW Ngenye-Macharia"]

[2026] KECA 1670 (KLR)

Source excerpt

  • Appeal from high court conviction or sentence
  • Judgment from court of appeal
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Civil procedure [2026] KEHC 11379 (KLR)

Sammy v Njagi & another

Sammy v Njagi & another (Civil Appeal E067 of 2024) [2026] KEHC 11379 (KLR) (23 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E067 of 2024
Judge
["EM Muriithi"]

The Appellant’s version that he slowed down for a bump and was hit from behind was more probable than the Respondent’s account. The 2nd Respondent, even on her own evidence, ought to have observed the slowing vehicle ahead and applied due care. The trial court therefore had no evidential basis for attributing any liability to the Appellant, and the accident was wholly caused by the Respondents.

Source excerpt

  • Contributory negligence
  • Apportionment of liability
  • Burden of proof
  • Negligence
  • Special damages
  • First appeal re-evaluation of evidence
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.